Who? Andrew Kelton, in-house solicitor at Fish Legal, Leominster.

Why is he in the news? The government appealed a decision of the High Court in 2023 that ruled the government and Environment Agency misunderstood their duties to restore England’s rivers. The original decision was focused on the Costa Beck in North Yorkshire, a case brought by Fish Legal on behalf of Pickering Fishery Association. The Court of Appeal heard the case last week and reserved judgment.

Thoughts on the case: ‘Fish Legal is a co-operative organisation that pools its resources to take legal action on behalf of its angling members, often following serious pollution. At times the damage is more insidious and long-term, but no less – in fact often more – harmful to the aquatic ecology.

‘An example is spring-fed Costa Beck, once an exceptional recreational fishery but in the 21st century decimated by recurring pollutions from fish farms and sewage works. The problems have been analysed now for two decades, but the regulator, the Environment Agency, has found itself unable to take any action.

‘The present judicial review, on behalf of member club Pickering Fishery Association, will clarify the agency’s responsibilities under the Water Framework Directive (WFD). In 2003 this set out a detailed process for the restoration of all degraded water bodies in England by 2027. We argue that complying with the WFD’s comprehensive remit limits the agency’s discretion to delay (or even do nothing) in individual cases, such as Costa Beck. If the case succeeds, it should lead to more effective enforcement in every degraded water body across the country, where ecological recovery has stalled at just 14%.’

A spokesperson for the Department for Environment, Food & Rural Affairs said: ‘We are unable to comment on ongoing legal matters.’

Dealing with the media: ‘The WFD is a particularly technical piece of legislation and has perhaps struggled to capture the public’s imagination as a result, despite its high ambitions. However, river pollution is now featured much more in the mainstream media. Press coverage of the present case, which grew following our judicial review success in the High Court in November 2023, has brought this technical challenge to life by focusing on the local battle to bring back fish to the Costa Beck. We have used Fish Legal’s website and social media, with a publicity campaign called “Every River Counts”, to explain the issue in fairly simple terms.’

Why become a lawyer? ‘I was an environmental consultant and advocate for many years, in Scotland and the US, before deciding to return to the law so that I could combine the two areas where I had a strong personal interest and a lot of experience.’

 

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